Bachchan Kumar vs The State Of Bihar on 14 July, 2010

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Cr.Misc. No.21600 of 2010
                  BACHCHAN KUMAR SON OF SRI CHULHAI SAH,
                  RESIDENT OF VILLAGE SIMRA, P.S. DUMRA, DISTRICT
                  SITAMARHI
                                        - PETITIONER.
                      Versus
                  THE STATE OF BIHAR--OPP. PARTY.
                                   -----------

2/   14-07-2010             Heard the parties.

                            The    petitioner    apprehends    his   arrest     in    a

complaint case in which cognizance has been taken

under section 498A of the Indian Penal Code and section

4 of the Dowry Prohibition Act. In the complaint petition

vide Annexure-1, the petitioner has been specifically

named as accused, being the husband of the

complainant. There is allegation of demand of dowry and

torture against the petitioner. From the material available

on record it appears that at the intervention of the

learned Sessions Judge a compromise was arrived at

between the complainant and this petitioner. The

complainant was taken to Delhi but subsequently

petitioner appears to have violated the terms of the

compromise and did not take care his wife properly at

Delhi, as a result of which she returned to her parental

house.

It is also submitted that the petitioner is again

prepared to enter into compromise and is prepared to

keep the complainant as his legally wedded wife with all

dignity, comfort, safety and honour.

Be that as it may, in the facts and circumstances

of the case, this Court is not persuaded to accede to the

prayer made on behalf of the petitioner for grant of

anticipatory bail. It is, accordingly , rejected. The

petitioner must surrender in the court below in

connection with Complaint Case No. C-1/452/08 within

a period of four weeks from today and seek regular bail, if

so advised, which shall be considered and disposed of on

its own merit without being prejudiced by the present

order.

It is made clear that if the petitioner enters into

compromise with his wife in the meantime before his

surrender within a period of four weeks fixed by this

Court and files such a compromise petition in the court

below and if the court below is satisfied about the

bonafide of compromise between the petitioner and the

complainant, then in that event the prayer for bail may

be disposed of in terms of said compromise.

B.Tiwary/ ( Birendra Prasad Verma, J )